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HomeMy WebLinkAbout9847-08 Annexation - 51270 Mayflower Rd. - Waggoner Farm Development, L.P. - District 1ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana June 23, 20 08 Attest: Attest: Presented by me to the Mayor of the City of Soutli Bend, Indiana June 25, 20 08 Ciry Clerk President of Common Council City Clerk Approved and signed by me June 26, 20 08 Mayer Ordinance No . ~g -t~~g AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1 Waggoner Farm Development, L.P. 51270 Mayflower Road South Bend, IN 46628 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 9.77 acres located in German Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1 /8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, INCLUDING LOT 3 OF CHURCH'S MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0038244 IN THE OFFICE OF RECORDER OF SAID COUNTY AND BEING PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE THE NEXT TWO COURSES ALONG THE BOUNDARY OF SAID LOT 3: (1) SOUTH 89 DEGREES 36 MINUTES 30 SECONDS EAST, A DISTANCE OF 287.61 FEET; (2) THENCE SOUTH 00 DEGREES 00 MINUTES 23 SECONDS EAST, A DISTANCE OF 203.85 FEET TO THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDER UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF SAID RECORDER; THENCE EAST, 1139.07 FEET TO A POINT 274.00 FEET WEST OF THE EAST LINE OF PARTITION LOT NO. 2 AS SHOWN ON THE PARTITION MAP IN DEED RECORD 56, PAGE 271 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 253.00 FEET; THENCE WEST 1447.2 FEET TO THE WEST PRESCRIBED RIGHT-OF-WAY LINE OF MAYFLOWER ROAD; THENCE NORTH 00 DEGREES 14 MINUTES 27 SECONDS WEST PARALLEL WITH THE NORTH- SOUTH CENTERLINE OF SAID SECTION, A DISTANCE OF 253.00 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 3; THENCE SOUTH 89 DEGREES 50 MINUTES 53 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3, THENCE NORTH 00 DEGREES 14 MINUTES 27 SECONDS WEST (RECORD NORTH 00 DEGREES 00 MINUTES 03 SECONDS WEST PER SAID CHURCH'S MINOR SUBDIVISION), A DISTANCE OF 203.85 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 9.77 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHT-OF-WAY OF RECORD. ALL BEARING AND DIMENSIONS ARE PER SAID RECORDED INSTRUMENTS REFERENCED HEREIN AND AN ADJACENT ANNEXATION TO WEST PER ORDINANCE NUMBER 9638-05 DATED NOVEMBER 28, 2005. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Att City Jerk ~' MEMBER OF THE MMON COUNCIL Presented by me to the Mayor of the City of South Bend, Indiana on the Z-S~day of , 2 Cx~Y , at `-E`~ ~~ o'clock=. m. a.~•.~ I®.e. ~ , City Clerk Approved and signed by me on the o'clock~.m. ~__ .. 1 st READING ~~~~~~ PU6LtC HEARING ~i-`~-~`~ 3rd f.EAD{NG (o _ 23-~$~ NOT APPROVED REEERf'.ED PASSED fo -Z3 -' ° ?~ ~ ~l,~:r~ )Y'2 X33 n~'.'8 Ofr1Ce APR -- ,, ,~ JOHP; l/l7Cfii.E CI'rYCLEnK, §U. C3E"a~, Itl. day of ~-- , 2~' , at ~ r, City of S~fth Bend, Indiana TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 23-08 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Derek D. Dieter Chairperson. Committee of the Whole PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirms) as follows: 1) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by at least one-hundred percent (100%) of the owners of the land in the territory sought to be annexed 4) The property sought to be annexed is generally located at: 51270 Mayflower Road, South Bend, IN 46628 5) The Property Tax Key Numbers are: 04-1009-0147.19 and 04-1009-0147.24 6) The name and address of the contingent purchaser(s), if applicable, is/are: City of South Bend 7) The parcel is 9.77 acres in size and currently has the following use(s) on it: 04-1009-0147.19 is currently single family residential and 04-1009-0147.24 is vacant. 8) The parcel will be used for the following use(s): Potential transportation enhancements. 9) The number of current residents in the annexation area: 1. 10) The anticipated "build-out" year for the project: Not applicable 11) The proposed number of parcels: Not applicable 12) The proposed miles of new roadways: Approximately 1,720 feet The signature(s) of all roperty owner(s), or Attorney for all property owner(s) Signed: ~ Jon chair, artner W ggo er Farm Development, L.P. Address: 227 South Main Street, Suite 300, South Bend, IN 46601 Phone Number: (574) 217-4498 Name, Address 8~ Phone Number of Contact Person/Preparer: Derek J. Spier, AICP Planner Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700 Fn a - ci~l`~~~ ~~~~~~ APR - 9 2008 ~a~r~ voo 6EN~, ~M. CITY CL~i?K, .3-8G T :., ~ E.-`, TN[N YINON eUe. 12 ].T 16]~R iG 3.75 .. .. iG), 7S iG9,7 II61~ I SJ5.74 I .g. N E - I ua YaJOft sue ° ": ' I ' 1 I a _ w f ' ~ Iz]ae NB' urole,.n ~ s I,, ~ I ~ A ~ r' I a S ti ~ - - '~ I 1 N e5 N 12] Q /. ~ Q Y'.., I . 0Q ~,i ~ I N ? J (v _" I w Wi t" ~ I u M ~ N ~ H U ~ ° O V O ~ r .' o I 12].eY le n ~ p,lj O 4 V V t' ~ O r rl ]. a q oa-rooe o 0 0 0 ~. o i• c _. ..__ .. _ I ,r) ~ ~1 V ~ 4~ N~,. ~. Q ~ ' ~I ~' .. ' I v ~ b J ~ ~~ I J l i 2e7 D9 Q I I . ~ 1" ~~ :- - a ^ I _ N ~ A h . S Q I o ~ °f f':': ;. I P.o,a. N F !v w ~ I 1 r y y Q '; - ~ I . N , I . 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Page 1 of 1 7anice Talboom -Mayflower Annexation Schedule From: Jeff Vitton To: Spier, Derek; Talboom, Janice Date: 4/14/2008 1:39 PM Subject: Mayflower Annexation Schedule Please see below for the annexation schedule. Thanks. Tentative Annexation Scl~edule Date Input Area =r Rood ~ 4>~312008 _. _ __._ ,NIA 1st Reading __ _ __ 4/14CZ008 Service Report Request Sent ~ 4!1712008 Service Report Request Due 5l8tZ008 Fiscal Plan Done 5/1512008' BOPW Agenda Session 5/22/2008 BOPW Hearing 5127/2008 'BOPS 512112008'' APC Public Hearing ;NIA..... ... APC Report to Council -NIA Owner Notification ? 511512008' Council Advertisement 411712008' Resolution to Clerk 61212008.. 2nd Reading - - 61912008- _ _ ___ 3rd Reading 612312008 'Advertised 7142008 Remonstrance Start 7/4/2008 :Remonstrance End ___ __ 81412008- Days:.: 117 Months:'.. 3.9 Jeff L. Vitton Community Development Planner South Bend Heritage Foundation City of South Bend 289-1066 X 206 jvitton@southbendin.gov South Bend Heritage Foundation 803 Lincolnway West South Bend, IN 46616 File Date _.. Letter to Council file://C:\Documents and Settings\JTALBOOM\Local Settings\Temp\XPgrpwise\48035E8F... 4/14/2008 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIIINEY EXECUTIVE DIRECTOR April 18, 2008 Mr. Timothy A. Rouse, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Auten Connector Annexation Area Dear Mr. Rouse: Bill Number 23-08 is a voluntary annexation proposing to annex contiguous territory to the City of South Bend. T'ne Annexation Area is not seeking a rezoning with the petition and will be zoned "SF-1" Single- Family District upon annexation. TL... T...J'~..-. ('...1.. ~ ~ Fem... , , ~~ i~ I~~o~ ~a `~u~ r equ~res ~ha~ vclun«I r annexation ordinances be advertised 20 days before pubic hearing, and adopted no earlier than 14 days after the public hearing. Fiscal plans, required of all annexations, must be adopted after the public hearing of the annexation ordinance. I am requesting that the following schedule be followed: Public hearing (Second Reading): June 9, 2008 Hearing on fiscal plan (by resolution): June 9, 2008 Adoption (Third Reading): June 23, 2008 The interruption in the Second Reading is due to the Fiscal Plan having to be scheduled before the Board of Public Works, the Board of Public Safety. If you have.any questions, please feel free to contact me at 235-5827. Thank you. Sincerely, [t o N Jeff Vitton City Planner, Division of Community Development cc: Area Plan Commission Kathy-Cekanski-Farrand, Attorney, Common Council AI Kirsits, Chair, Zoning & Annexation Committee COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 574/235-9660 574/235-9371 FAX: 5741235-9697 Filed In Cterk'~ Office APR 2 1 20u3 JOHiIVOORD'c CITY CLERK, S0. BEPiD, 4N. FINANCIAL HC PROGRAM MANAGEMENT ELIZABETH LEONARD 574/235-9371 Auten Connector Annexation Schedule Tentative Annexation Schedule Auten Connector --------------------------------------------- Date Input Area File Date Letter to Council 1st Reading Service Report Request Sent Service Report Request Due Fiscal Plan Done BOPW Agenda Session BOPW Hearing BOPS APC Public Hearing APC Report to Council Owner Notification Council Advertisement Resolution to Clerk 2nd Reading 3rd Reading Advertised Remonstrance Start Remonstrance End Days Months 4/9/2008 N/A 4/14/2008 4/17/2008 5/8/2008 5/15/2008 5/22/2008 5/27/2008 5/2.1 /2008 N/A N/A 5/15/2008 4/17/2008 6/2/2008 6/9/2008 6/23/2008 7/4/2008 7/4/2008 8/4/2008 117 3.9 What We Do Today Makes A Difference!